Please find below a list of questions and answers regarding the employment contract in Turkey.
How soon should the employee notify the employer when he/she wants to leave the job ?
This period is determined according to the service period of the worker with notice. If the employee’s service period is less than 6 months, 2 weeks, between 6 months and 1.5 years, 4 weeks, between 1.5 years and 3 years, 6 weeks, and if more than 3 years, 8 weeks beforehand, the employer must notify the employer that he will leave the job.
Should the employer notify the worker beforehand, when he wants to dismiss the worker?
When the employer wants to dismiss the worker, he must notify the worker in advance. The notice period is regulated mutually for both the employer and the employee in the Labor Law. The employer must notify the worker that he will dismiss the worker 2 weeks in advance if the employee’s service period is less than 6 months, 4 weeks if it is between 6 months and 1.5 years, 6 weeks if it is between 1.5 years and 3 years, and 8 weeks if it is more than 3 years. .
Is the employer obligated to comply with the notice period in cases where the employee works with a fixed-term service contract?
The employer is not obliged to comply with the notice period in cases where a fixed-term service contract is employed. Notices of notice are stipulated in the Labor Law only for indefinite term service contracts.
If the employer dismisses the worker without complying with the notice period, that is, without prior notice, is there any right that the worker can claim?
If the employer’s dismissal of the worker is not based on one of the justified reasons listed in the Labor Law, he has to pay compensation to the worker for the notice period.
In which cases is it not possible to make a fixed-term contract?
Employment contracts that are not concluded based on objective conditions, such as the completion of a certain job or the emergence of a phenomenon, are indefinite.
In on-call work, unless otherwise agreed, how many days before the employee’s time must the employer make the call?
At least four days ago.
In on-call work, if the daily working hours are not specified in the contract, at least how many consecutive hours must the employer work the worker on the call?
At least four hours.
According to the Law No. 4857, how is the employment contract accepted in cases where the employment relationship is not based on a period of time?
It is accepted for an indefinite period.
According to the Law No. 4857, how long works are considered as ‘discontinuous work’?
Jobs that take a maximum of thirty working days in terms of their qualifications are considered as ‘non-stop work’.
Can the employer put a provision in the employment contract in Turkey contrary to the Labor Law?
Although the employment contract in Turkey is a contract between the parties, regulations contrary to the provisions of the law, statute and regulation cannot be included in the employment contract.
What should the employer do in the absence of a written employment contract in Turkey ?
In this case, the employer shall give the employee a written statement within two months at the latest, indicating the general and special working conditions, the daily or weekly working hours, the basic wage and wage supplements, if any, the wage payment period, the duration of the contract if the duration is certain, and the provisions that the parties have to comply with in case of termination. responsible for documenting.
Is it obligatory to conclude an employment contract in discontinuous works?
According to Article 10 of the Labor Law, it is not obligatory to make a written employment contract in Turkey, as Article 8 of the Labor Law will not be applied for discontinuous works.
If a job that is expected to last 4 months is interrupted in less than 30 days for various reasons, is this job considered as a discontinuous job?
Work that takes a maximum of thirty working days in terms of their qualifications is called discontinuous work, and those that last longer than that are called permanent work. 3, 8, 12, 13, 14, 15, 17, 23, 24, 25, 26, 27, 28, 29, 30, 31, 34, 53, 54, 55, 56, 57, 58, 59, Articles 75, 80 and temporary 6 do not apply to employment contracts concluded in discontinuous works. Provisions of the Code of Obligations are applied in the matters regulated in these articles in discontinuous works.
In which cases are fixed-term employment contracts made?
Fixed-term employment contracts can be made for fixed-term works or under objective conditions such as the completion of a certain work or the occurrence of a certain phenomenon.
Is there a trial period in a fixed-term service contract?
Since there is no provision in the Labor Law that a probationary period cannot be included in fixed-term employment contracts, a probationary period may be included in such contracts.
In which cases do fixed-term employment contracts turn into indefinite-term employment contracts?
Fixed-term employment contracts concluded more than once (chained) without a fundamental reason turn into an indefinite-term employment contract from the beginning.
What are part-time and full-time employment contracts?
If the normal weekly working time of the worker is determined to be significantly less than the equivalent worker working with a full-time employment contract, the contract is a part-time employment contract. A worker who is employed with a part-time employment contract cannot be treated differently from a full-time equivalent worker simply because the employment contract is part-term, unless there is a reason justifying the discrimination. The divisible benefits of a part-time worker in terms of wage and money are paid in proportion to the time he or she works compared to the full-time equivalent worker. A comparable worker is a full-time worker employed in the same or similar job. If there is no such worker in the workplace, the worker employed with a full-time employment contract, who undertakes the same or similar job in the workplace in accordance with the conditions, is taken as basis. When there are vacant positions suitable for their qualifications, the request of the workers working in the workplace to be transferred from part-time to full-time or from full-time to part-time is taken into account by the employer and the vacancies are announced in a timely manner.
Can a part-time worker work in another workplace at the same time?
Within the scope of the Labor Law, there is no legal obstacle for a part-time worker to work in another workplace.
Can part of the contract of a full-time worker be converted into a fixed term?
Since this will be a fundamental change in the working conditions, the contract can be converted into a part-time contract if the worker accepts it, otherwise it cannot be converted.
How is the seniority of a worker who works part-time and part-time full-time calculated?
The seniority is calculated by converting the part-time work of the worker to full-time. This period is taken into account in calculating the seniority, not in entitlement to severance pay.
How much notice is given in case of dismissal of a worker with a working period of 2 years and working on a part-time contract of 4 hours a day?
There is no difference between a part-time worker and a full-time worker in terms of notice requirements. In this case, the employer who wants to dismiss a part-time worker who has served 2 years at the workplace has to use 6 weeks notice or pay the wage for this period to the worker.
How many new job search permits can a worker who has worked at the workplace for 2 years and working on a part-time contract for 4 hours a day use a notice period?
There is no difference between a part-time worker and a full-time worker in terms of permission to seek a new job. In this case, the worker uses a new job search permit for two hours per day on the days he works within the notice period.
What happens if the employer does not call the worker in a contract whose duration is determined by the parties?
The worker is entitled to a wage whether or not he is employed for the period determined to be employed on call.
Can the trial period be decided as 6 months?
Since article 15 of the Labor Law is mandated, the trial period can be maximum 2 months in workplaces without a collective bargaining agreement. In workplaces with collective bargaining agreements, the trial period can be extended up to four months.
What is the notice period for the employee whose working period is 6 months in the workplace?
In the law, the notice period is; Since it is regulated as 2 weeks up to six months, 4 weeks from six months and one and a half years, 6 weeks from one and a half years to three years, and 8 weeks for work lasting more than three years, the notice period of the worker whose working period is exactly 6 months is 4 weeks.
How is the suspension of the employment contract in Turkey in seasonal works, what is the obligation of the employer who does not call the worker in these jobs to work in the new period?
In cases where the work decreases and increases depending on the season, the employment contracts may be suspended at the end of the working season due to the season, and the employment contracts must be renewed again with the start of the new season. Except for these conditions, unless there is a provision to the contrary, employment contracts cannot be suspended without the consent of the worker. If the employee whose employment contract in Turkey is suspended due to the season is not called for work in the new season, severance pay must be paid if there are notices and conditions. Season is not the main reason for making a fixed-term employment contract in Turkey.
